Gifting a gun from Texas resident son to IN resident mother? Need a FFL?

[SmileDocHill]

My BIL is here from Texas and has a handgun he is going to give to my MIL as a gift for Christmas. He purchased from FFL dealer in Texas, transported legally with him to IN and plans to give it to her in the next week or so. I know there are situations where gifting a gun is different than a private sale but I don't have the confidence to say whether he is OK or whether he has to do a transfer through a FFL?

What is the verdict?

 

[Bunnykid68]

Need to go visit an FFL here in Indiana then

 

[SmileDocHill]

Need to go visit an FFL here in Indiana then

I'm assuming that is something the person receiving the gun has to do? Is there a way for the giver to take care of that by himself? It would be convenient but I'm sure not possible for him to handle this without having her there also.

 

[Mgderf]

She has to be there, I don't think he does.
He could drop it at the FFL with instructions that she is the "buyer" and she would then just need to go through the NICS and everything is hunky dory.

I went through this exact scenario, in reverse, just a couple of years ago.

My nephew got back from Iraq and was living in Texas.
I bought him a .45acp pistol for a homecoming gift.

I mailed it to an FFL in Texas and he picked it up there.

The person receiving the firearm MUST take possession of it in the state in which they reside.

 

[ArcadiaGP]

As long as it crosses state lines, FFL is required... gotta get it logged in that "non-existent" registry.

 

[Indy_Guy_77]

If he's a resident of TX, then yes, it has to go through an FFL.

He / you can locate an FFL that'll handle the transfer - then inquire if they'll do a "walk in" (IE - gun not shipped).

Giver takes the gun there and gives the FFL the transfer fee.

Giftee goes in, fills out 4473 and is hopefully on her way.

-J-

 

[Indy_Guy_77]

If he's a resident of TX, then yes, it has to go through an FFL.

He / you can locate an FFL that'll handle the transfer - then inquire if they'll do a "walk in" (IE - gun not shipped).

Giver takes the gun there and gives the FFL the transfer fee.

Giftee goes in, fills out 4473 and is hopefully on her way.

-J-

ETA: This is the 100% legal way to do it.

 

[Bunnykid68]

He could also loan it to her to make sure she likes it, no laws broken that way either I don't believe.

 

[nakinate]

I'm not advocating doing anything illegal, but couldn't he just give it to her? Who would know?

 

[Manatee]

If the gun is stolen and used in a crime, Bunny & Nakinate should go to jail with them.

 

[Bunnykid68]

If the gun is stolen and used in a crime, Bunny & Nakinate should go to jail with them.

Why? What I proposed is perfectly legal. How about if someone steals the gun and uses it in a crime we punish that person? Or does that just make too much sense to hold people accountable for their immoral acts

 

[nakinate]

If the gun is stolen and used in a crime, Bunny & Nakinate should go to jail with them.

And I didn't propose anything. I asked a question.

 

[Manatee]

Why? What I proposed is perfectly legal.

Cite the law.

Sometimes it's better not to be 'cute'. A transfer is easy and protects the buyer/donee and seller/donor.

 

[nakinate]

Cite the law.

Shouldn't burden of proof be on the accuser?

 

[Manatee]

Actually, that's not the way it works with the ATF.

 

[SmileDocHill]

He could also loan it to her to make sure she likes it, no laws broken that way either I don't believe.

Neither have their license to carry so she will have to just look at it and make that decision. He is staying with her so he transported it to this temporary (about a week stay) place of residence and it stays in the home. Range trip isn't in the cards unless I go with them and I'm the one carrying it I guess.

 

[nakinate]

Actually, that's not the way it works with the ATF.

Are you with the ATF?

 

[nakinate]

Actually, that's not the way it works with the ATF.

Are you also saying that I have to carry Indiana Code around with me as well as my LTCH just in case I run into ATF? I mean, according to you I had better be able to cite the law like a Bible verse.

 

[Mgderf]

Neither have their license to carry so she will have to just look at it and make that decision. He is staying with her so he transported it to this temporary (about a week stay) place of residence and it stays in the home. Range trip isn't in the cards unless I go with them and I'm the one carrying it I guess.

NEITHER are required to have a license/permit to do a transfer. Only to carry loaded.

And, as of this year, they can transport it to a range unloaded and cased.
You do NOT need to accompany them.

 

[Bunnykid68]

Cite the law.

Sometimes it's better not to be 'cute'. A transfer is easy and protects the buyer/donee and seller/donor.

What law? How can I cite a law that does not exist? I have never heard of law against loaning a family member a firearm across state lines. Which law says one cannot loan a firearm to some one?